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A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System Car accidents are a regular occurrence in New York City. While the majority of them are just collisions between cars, some may result in serious injuries. Injured parties should call 911 and seek medical attention right away. A New York car accident lawyer can help victims with their legal requirements following a crash. They can assist them in obtaining compensation for their medical bills and lost wages. No-fault insurance New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered by their auto insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. This has helped protect the victims of car accidents from having to pay out-of-pocket expenses. However it is essential to understand what it means. To qualify for No- supplemental resources , you must meet some requirements. In the first place you must be injured in a vehicle accident that took place in the state of New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The injured person must be treated at a hospital or an authorized provider. In addition, you must have suffered a “serious injury.” New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these are serious and can have a negative effect on the victim's life. A New York injury lawyer can assist you if been injured in a serious New York car accident. Following a serious car accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an extensive investigation and bargain with the insurance company on your behalf. They may also make a court-filed lawsuit on your behalf against the driver who caused the accident. There is a chance that you will have to pay for astronomical medical expenses, lost wages and other expenses following a serious accident. No-fault insurance will pay for these and other expenses, so you should seek treatment after a crash, even if you feel fine. If you cannot return to work because of an accident, no-fault insurance can cover up to $2,000 of lost wages per month. It can also cover an important portion of the cost you incur out-of-pocket, including the cost of household help. Insurance companies will often attempt to deny your no-fault coverage by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). The requirement to attend is that the absence of this could result in retroactive denials of benefits. Purely faults that are comparable In a lot of car accident cases plaintiffs may be held to be fully or partially responsible for the accident. The law allows injured parties to be compensated based on their percentage of fault. This is referred to as pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states typically set the bar between 49 and 51 percent. In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the crash: negligence and causality. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. The cause of the accident is determined by the manner that the negligence led to the injury. To demonstrate legal responsibility the plaintiff must prove the economic damages resulted from their injuries, such as medical bills, lost income, and travel costs to appointments. Non-economic losses include emotional trauma and pain and suffering. New York is one of the 13 states with pure comparative fault laws, which means that the injured party are still able to seek compensation even if they are partially at fault. However, if the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this instance it is essential to consult with a seasoned attorney. Comparative fault applies to any personal injury or wrongful-death situation in which the victim (or the heirs) have suffered physical or mental damages. However, the concept of comparative fault can be slightly more complicated in wrongful death claims. It is important to understand the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident, and work with insurance companies to ensure that you get the most compensation you can for your injuries. In addition, if have multiple defendants in your case, the concept of joint and several liability may apply. This is a method which splits the verdict among all the defendants if the jury finds that you are jointly and severally liable for the accident. This is a great method to ensure you get the maximum amount of compensation for your injuries. Tactics of the Insurance Company Car accidents are stressful enough, and the aftermath can be more difficult. Victims of injuries often must deal with medical expenses and loss of income from being in a position of no work in addition to their physical pain and emotional distress. They also have to worry about how they will pay rent and other expenses that are part of their daily lives. They don't need to endure the stalling tactics used by an insurance company to convince them to accept lower settlement offers. The reality is that most insurance companies are focused on making money and they do this by denying or reducing claims. Insurance representatives will use any method to stop you from getting the compensation you are entitled to. It is crucial to employ an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will take on insurance companies and their devious tactics. In order to save money, insurance companies will do everything they can to delay or stall your claim. They also try to evade responsibilities by arguing that your injuries are not caused by the crash or they do not require treatment. They could even argue that the accident was caused by an earlier medical condition. In some cases an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a common trick that many people fall to. This offer is lower than the amount you'll must pay to cover your medical expenses and other damages. New York law requires that every driver have no-fault insurance. It is not unusual for people to suffer injuries while driving another person's car or in their vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving happens when a driver uses a device to send or receive text messages, make phone calls, or listens to music driving. Distracted driving can result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather. Reckless driving You may be entitled to compensation if you have been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine who could be responsible for your injuries and damages. They may also make a claim or lawsuit against the driver to claim damages. According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or cyclists, pedestrians, and cyclists in danger. In order to convict someone of this crime, a police officer must prove more than carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger. Even minor traffic violations can be deemed reckless driving in New York. A violation of a stop sign, or a red light can result in a serious accident. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor offense and face an indictment or a fine. Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this type of offense could result in the addition of points to your driver's license, and hefty fines. This can cause a driver's insurance rates to increase significantly. It is essential to find a New York reckless driving accident attorney who will ensure that the driver is found guilty on a fair basis. The laws governing reckless driving in New York are very strict and can result in substantial penalties including fines and imprisonment. The severity of the punishment depends on several factors, including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended. An experienced reckless accident lawyer will know how to determine the causes of a crash and gather evidence that will show your innocence. The evidence could include witness statements and cellphone records to look for distracted driving, images and videos from the scene of the accident as well as official medical reports and toxicology reports. They will prepare, file, and litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.